Case A26037090

Summary

The Veteran, who served from January 1965 to January 1967, appeals the denial of service connection for pleurisy with emphysema and seeks an earlier effective date for this grant. The Veteran's claim for service connection was initially denied by the agency of original jurisdiction (AOJ) in a January 2025 rating decision. Subsequently, the Veteran filed an intent to file on March 12, 2025, followed by a supplemental claim on September 20, 2024, and another on September 2025. The AOJ granted service connection for pleurisy with an effective date of March 12, 2025, in an October 2025 rating decision. The Veteran then filed a Notice of Disagreement on December 23, 2025, electing the Evidence Submission docket. The Board reviewed the evidence of record at the time of the October 2025 decision and evidence submitted by the Veteran within 90 days of the Notice of Disagreement. The Board found that the Veteran had continuously pursued the claim since September 20, 2024. Consequently, the Board granted an earlier effective date of September 20, 2024, for the service connection of pleurisy with emphysema, finding the weight of the evidence favored the Veteran and no reasonable doubt needed resolution.

Rationale

Veteran continuously pursued claim since September 20, 2024.; Effective date of September 20, 2024, warranted for service connection.

Full Decision Text

Citation Nr: A26037090
Decision Date: 04/21/26	Archive Date: 04/21/26

DOCKET NO. 251223-625302
DATE: April 21, 2026

ORDER

Entitlement to an earlier effective date of September 20, 2024, for pleurisy with emphysema is granted.

FINDING OF FACT

The Veteran has continuously pursued the claim since September 20, 2024. 

CONCLUSION OF LAW

The criteria for entitlement to an earlier effective date for pleurisy with emphysema have been met. 38 U.S.C. §§ 5107, 5110; 38 C.F.R. § 3.400.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from January 1965 to January 1967.

In September 2025, the Veteran submitted a VA Form 20-0995, Decision Review Request: Supplemental Claim, and requested readjudication of service connection for pleurisy most recently addressed in an August 2025 rating decision. In October 2025, the agency of original jurisdiction (AOJ) issued the supplemental claim decision on appeal, which found that new and relevant evidence had been received and denied the claim based on the evidence of record at the time of that decision.  Therefore, the Board may only consider the evidence of record at the time of the decision on appeal and any evidence submitted during an applicable evidentiary window. 

In the December 23, 2025, VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Evidence Submission docket. Therefore, the Board may only consider the evidence of record at the time of the October 2025 agency of original jurisdiction (AOJ) supplemental claim decision on appeal, as well as any evidence submitted by the Veteran with, or within 90 days from receipt of, the VA Form 10182, which was March 22, 2026. 38 C.F.R. § 20.303. If evidence was submitted either (1) during the period after the AOJ issued the supplemental claim decision on appeal and prior to receipt of the VA Form 10182, or (2) more than 90 days following receipt of the VA Form 10182, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.303, 20.801.

If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included in this decision. 

1. Entitlement to an earlier effective date for pleurisy with emphysema

The Veteran contends that the effective date should be September 20, 2024. 

The assignment of effective dates for compensation is governed by 38 U.S.C. § 5110 and 38 C.F.R. § 3.400. The effective date of an award based on an original claim, or a claim reopened, after final adjudication shall be fixed in accordance with the facts found but shall not be earlier than the date of receipt of application therefor. 38 U.S.C. § 5110(a); 38 C.F.R. § 3.400.

A specific claim in the form prescribed by the Secretary must be filed for benefits to be paid or furnished to any individual under the laws administered by VA. 38 U.S.C. § 5101(a); 38 C.F.R. § 3.151(a).

For claims filed prior to March 24, 2015, a "claim" or "application" is a formal or informal communication in writing requesting a determination of entitlement or evidencing a belief in entitlement to a benefit. 38 C.F.R. § 3.1(p). An informal claim is any communication indicating intent to apply for one or more benefits. The benefits being sought must be identified. 38 C.F.R. § 3.155.

Effective March 24, 2015, the law no longer allows for informal claims, but the pertinent regulation allows a claimant to submit an intent to file a claim, and VA may recognize the receipt date of the intent to file a claim as the date of claim so long as VA receives the successfully completed claim form within a year. 38 C.F.R. § 3.155(b).

Continuous pursuit of
 writing requesting a determination of entitlement or evidencing a belief in entitlement to a benefit. 38 C.F.R. § 3.1(p). An informal claim is any communication indicating intent to apply for one or more benefits. The benefits being sought must be identified. 38 C.F.R. § 3.155.

Effective March 24, 2015, the law no longer allows for informal claims, but the pertinent regulation allows a claimant to submit an intent to file a claim, and VA may recognize the receipt date of the intent to file a claim as the date of claim so long as VA receives the successfully completed claim form within a year. 38 C.F.R. § 3.155(b).

Continuous pursuit of a claim or an issue can be achieved by timely and properly filing an appropriate review option, generally within one year of an AMA decision. 38 C.F.R. § 3.2500(c). If a claim is continuously pursued, it will be considered filed as of the date of the first claim in the continuously pursued chain, not the date the most recent request for review was received. 38 C.F.R. §§ 3.400, 3.2500(c).

Review of the file shows that on September 20, 2024, the Veteran submitted a Form 21-526EZ seeking service connection for pleurisy. A January 2025 rating decision denied the Veteran's claim for service connection. On March 12, 2025, the Veteran submitted an intent to file, which the Board notes are applicable to this case. In August 2025, the Veteran subsequently submitted Form 20-0995 for a supplemental claim. The AOJ denied the Veteran's claim via an August 2025 rating decision. In September 2025, the Veteran submitted another Form 20-0995 for a supplemental claim. In the October 2025 rating decision on appeal, the AOJ granted service connection for pleurisy with an effective date of March 12, 2025. 

In summary, the Board finds that the Veteran has continuously pursued the claim since September 20, 2024. See 38 C.F.R. §§ 3.400, 3.2500(c). Therefore, the Board finds that an effective date of September 20, 2024, is warranted for the grant of service connection for pleurisy. As the weight of the persuasive evidence is in favor of the Veteran, there is no reasonable doubt to resolve. The claim is granted. 

 

 

S. Kim

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Clevenger, Gordanna A.

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.